United States Patent and Trademark Office OG Notices: 10 January 2006
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
December 5-9, 2005
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
12-2** OPP 91116355 Carefirst of
OPP 91124847 Maryland, Inc. v.
[Re-designation FirstHealth of the
of Decision of Carolinas, Inc.
9/20/05 as
Citable
Precedent of
TTAB]
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); dilution; Opposition "CAREFIRST" "FIRSTCAROLINA-
counterclaim Dismissed; [collective membership CARE"
for Counter-claim mark for indicating [healthcare
cancellation for membership in an insurance claims
on the grounds cancellation organization of administration
of dismissed persons and medical services, third-
(1) abandonment providers in health party insurance
and (2) non-use maintenance, claims
as to some of preventive medicine, administration
the services prepaid medical plans, services, and
covered by the reduced health costs, underwriting
opposer's and programs on insurance for
registration fitness, prenatal prepaid healthcare;
care, substance abuse, health care in the
and other health- nature of health
related topics] and maintenance
[newsletters organizations]
pertaining to health
care, medical care and
membership services;
underwriting and
administration
services, on a
prepayment basis,
relating to emergency
medical care, etc.;
educational services,
conducting seminars,
classes, and workshops
and lectures on
nutrition, infant
care, etc.; health
care services in the
nature of an HMO, and
a number of other
related services]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
[Decision of 9/20/05
originally marked not
citable; decision
redesignated as
citable on 12/2/05]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN
**Inadvertently omitted from report for week of November 28-
December 2, 2005